Ingraham v. Whitmore

Citations

• 75 Ill. 24

Syllabus

<p>1. Sale — constructive delivery. Where a broker who had taken an order of the defendants for sugars of his principals who were doing business in the east, gave the defendants an order upon a railroad company for twenty-five barrels of sugar just before the great fire in Chicago, the court declined to express any opinion whether the giving of such order would operate as a delivery so as to pass the property and place it at the purchasers’ risk, but held that no recovery could be had for the price in the absence of proof that the vendors had any sugar in the custody of the carrier at the time, or that any sugar shipped by them had been in fact destroyed by the fire.</p> <p>2. Arbitration—when submission is by parol both pw'lies must agree to abide the award. The rule is, in case of a parol submission to arbitration, that it is necessary to prove not only that both parties promised to abide by the award, but that the promises were concurrent and mutual, for otherwise each promise is but a nudum pactum.</p> <p>3. Same—agent or broker has no power to submit to arbitration. A mere broker or commission merchant to make sales for his principal has no authority by virtue of his agency to make any submission to arbitration that will be binding on his principal,</p> <p>4. Same—action for breach of agreement to abide award. An action for the breach of an agreement to abide the award of arbitrators cannot be maintained, unless it appears that the defendant has in some way revoked the submission, and when the submission is not binding for want of mutuality no action will lie for a breach of the agreement.</p> <p>5. Same — right to hearing before umpire. An umpire chosen to decide in case of disagreement of the arbitrators, having the right to make an award without either of the arbitrators joining with him, in the absence of any agreement or assent of the parties dispensing with a full hearing by him, it is his duty to hear the whole case and to make a distinct award thereon a